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This means that the products we design and manufacter are considered of top quality. To receive promotional material, an explicit opt-in is required. In respect of art. The following types of transaction do not constitute a concentration: Transactions between undertakings that are not independent intra-group transactions Part I, Section A.
Transactions involving companies not engaged in economic activities Part I, Section A. The combined aggregate Italian turnover of all undertakings concerned exceeds EUR million in the year preceding the notification.
The aggregate Italian turnover of the target undertaking exceeds EUR49 million in the year preceding the notification. From 1 January , thresholds are cumulative; before this date the thresholds were alternative. This index measures inflation or deflation by calculating the ratio of nominal gross national product to real gross national product. The last amendment was made on 10 March and entered into force on 16 March To determine whether a concentration is reportable under Article 16 1 , the ICA looks at the turnover generated by the undertakings through the sales of products and services.
To this end, the ICA deducts returns, rebates and taxes directly related to the sale of products or the performance of services.
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What are the notification requirements for mergers? Mandatory or voluntary Notification of concentrations that meet the relevant turnover thresholds is mandatory. Timing The concentration must be reported before its implementation but after the parties have agreed on all relevant elements of the concentration, to enable the Italian Competition Authority ICA to carry out a full assessment of the concentration.
A transaction is considered implemented when the buyer has acquired the ability to exercise a substantial influence on the behaviour of the target, that is, has acquired "control" over it this moment usually coincides with the closing. For newly-established concentrative joint ventures, notification must be filed with the ICA before registering the articles of association of the joint venture in the Italian Company Register Part I, Section D. To this end, the parties must provide the ICA with:.businesspodden.se/el-camino-de-santiago-etapa-25.php
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Information on the activities and structure of the undertakings concerned. A brief description of the reportable transaction. Estimates of the parties' shares of sales on the relevant markets. A list of the other competition authorities to which the transaction is notified. This information should be transmitted to the ICA at least 15 days before the envisaged date for formal notification.
Responsibility for notification For acquisitions, the undertaking acquiring control is responsible for filing the notification. For concentrative joint ventures, the mother companies are responsible for filing the notification.
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For a merger of equals, the merging undertakings are jointly responsible for filing. For public tender offers, the duty to notify is on the undertaking launching the offer. Relevant authority Reportable transactions must be filed with the ICA. Form of notification Reportable transactions are notified using the form available on the ICA website. For the Italian and English versions, see Online resources.
The form must be completed in Italian. However, if the relevant transaction agreements, to be attached to the form, are drafted in a language known by the officials usually, English or French , the ICA does not usually require an Italian translation. This simplified form is used for all other reportable concentrations.
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The ICA reserves the right to ask for some of the additional information required under the long form if the information required by the short form does not allow a proper assessment of the notified concentration. Filing fee From 1 January , filing fees are no longer required. Operational costs of the ICA are now covered through an annual contribution system, that is, a specific annual tax that Italian companies whose revenues exceeded EUR50 million in the prior financial year must pay.
This annual contribution must be paid before 31 July of each year. The amount of the contribution is equal to 0. The ICA can increase or lower this per mille value within a range of 0. For the calendar years and , the ICA has lowered this value to 0. Foreign companies must pay this contribution if they satisfy both of following conditions:.
They have permanent offices in Italy. The revenues of these permanent offices, as reported under heading A1 of the relevant income statement, exceed EUR50 million. For and , this maximum contribution threshold is therefore equal to EUR, Obligation to suspend Under the Italian merger control system, there is no obligation to suspend the transaction pending the outcome of an investigation no standstill obligation.
Therefore, the parties are free to implement the transaction at any time after the filing, without waiting for ICA approval. Generally, most parties choose not to implement their transactions pending the ICA's review. This is particularly advisable for transactions that are complex or that raise competitive concerns. In practice, the ICA can, in cases of subsequent prohibition, order the restoration of the conditions of effective competition, including the divestiture of the acquired business. Procedure and timetable 4. What are the applicable procedures and timetable? The Italian Competition Authority ICA must make a decision within 30 calendar days of receipt of a complete notification.
A decision of inapplicability. A decision finding that the notified transaction:. A decision declaring that no further investigation is required because it is already clear that the notified transaction does not create or strengthen a dominant position to significantly impede effective competition. A decision to open an in-depth investigation Phase II. If the notified transaction appears to raise competition concerns and may possibly be prohibited under Article 6 see Question 7. Subject the approval of the transaction to the adoption of specific remedies, either offered by the parties or imposed by the ICA see Question Likewise, the parties enjoy certain procedural safeguards.
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In particular, they have the right to:. Be heard by the competent ICA's officials within the time limit indicated in the decision to open a Phase II investigation. Obtain a final oral hearing before the ICA's Board shortly before the end of the investigation. For an overview of the notification process, see flowchart, Italy: Publicity and confidentiality 5.
How much information is made publicly available concerning merger inquiries? Is any information made automatically confidential and is confidentiality available on request? Publicity Following the filing, the Italian Competition Authority ICA can post on its website a short notice, indicating the following: The name of the undertakings concerned. Within five working days from the publication, third parties can send the ICA their comments concerning the proposed merger. However, when filing the notification, the notifying parties can ask the ICA not to publish a short notice.
Automatic confidentiality In the absence of a specific request by the parties, the ICA is not legally bound to carry out a confidentiality assessment in relation to the information filed see below, Confidentiality on request. However, under the principle established by the Italian administrative courts, the ICA can on its own initiative consider certain information provided by the parties as confidential No.
This principle has been affirmed by the Italian administrative courts in relation to leniency materials. However, it is reasonable to argue that it may also apply to other types of documents, such as notification forms and other documents filed by the parties with the ICA in the context of merger control proceedings.
Rights of third parties 6. What rights if any do third parties have to make representations, access documents or be heard during the course of an investigation? Third parties do not have the right to formally participate in the proceedings other than submitting to the Italian Competition Authority ICA their comments concerning the proposed concentration following the publication of the relevant notice see Question 5 or filing their own initiative memoranda with the ICA, expressing their position on the concentration. No formalities are required for submitting these memoranda.
Within ten days of publication of the decision to open a Phase II investigation, third parties can file a reasoned application to participate in the Phase II proceedings. Once third parties are admitted, they have a right to produce written submissions, documents, arguments and opinions.